NPF Capital TERMS & CONDITIONS
TERMS & CONDITIONS
Welcome to N P Financials! N P Financials Pty Ltd (the “Company”) provides you (“you” or the “Trader”) with a limited license to use the services (the “Services”) offered by the Company subject to the terms and conditions contained herein (the “Agreement”).
This Agreement is a legally binding contract, and you have a duty to read this Agreement before accessing the Services offered by the Company. By using the Services, you are agreeing to the terms and conditions contained within this Agreement.
The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event, the Company replaces, modifies, or amends this Agreement, your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.
N P Financials Pty Ltd is not a broker, does not accept deposits for brokers and does not provide any investment services. N P Financials Pty Ltd does not act as or conduct services as a custodian. Purchases of Audition programs (NPF Capital Audition Offerings) should not be considered as deposits. All Audition program fees are used for operating costs including, but not limited to, staff, technology and other business related expenses. Our support staff(s) are not equipped and not in a position to address any questions related to broker’s activity.
By using the Services, you represent that you are at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf.
You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any pre existing agreement.
The Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.
You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.
This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.
You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.
You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While The Company is not responsible for any such content posted by its Traders and does not have the affirmative obligations to monitor such content, it does reserve the right to remove them.
The intent of The Company here is to identify individuals with a talent for trading. No live trading is provided directly by the Company. Such Traders who pass an assessment offered by the Company shall be allocated capital to trade in a live account under the terms of the N P Financials Agreement, accessible here.
Although The Company may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content is provided solely for general informational and educational purposes. The Company does not invite the Trader to take any action based upon any of the information and materials provided on by the Company; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice.
The Company further does not make any representations that any data, information, and content on the Company website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company website.
While the Company does not provide you with the opportunity to invest actual currency, the Company wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you. It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results.
As such, you should carefully consider whether trading and investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.
The account will be personal to You, and You cannot share it with anybody else. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify The Company.
Traders are limited to one active account per assessment level, absent prior written approval. All of our Auditions are carried out in Demo Accounts. After passing the Audition you will get Live Funded Trading account with real money so that you can earn 70% of your profit share. You will get your MT4 or MT5 platform details and complete dashboard details, after you complete the payment, within 24 to 48 hours.
Purchases and Refunds
The Company may provide products, services, subscriptions, or access to certain portions to the Company’s website at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for such purchases within its website or via a white label affiliate. It is your responsibility to thoroughly read and understand any such terms and conditions. By making any such purchases, you agree that the Company has no responsibility and acquires no liability for any claim related to your purchases.
Upon the complete purchase of a product, service, subscription, or access to certain portions of the Company website, the Company will make any said product, service, or access will be available to you following the approved transaction.
There are no refunds on any Services purchased from the Company under the heading “NPF Capital”.
The Company will display the guidelines associated with the Services on the Company’s website and via email, upon becoming a Trader. These guidelines, which may change from time to time in The Company’s sole discretion, are incorporated in whole into this Agreement. The Company makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise to future employment as a trader, monetary payments, or any other type or kind of compensation or award for your performance as a Trader.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Company website by the Company, are common law or registered trademarks owned by or licensed to the Company. You are expressly prohibited from using the trademarks of the Company to cause confusion, cause mistake, deceive consumers, or from falsely designating the origin of, source of, or sponsorship of your goods or services. You are further prohibited from using the trademarks of the Company in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
You acknowledge and agree that the Company’s website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Company’s website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of the Company’s or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of The Company. You cannot modify, distribute or re-post anything on this website for any purpose.
The Company names and logos and all related products and services and our slogans are the trademarks or service marks of the Company or licensed to the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Company Website. Access to the Company website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Company website or any related software. All software used on the Company website is the property of the Company or its suppliers and protected by laws of Australia. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Company website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of Australia. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Company website is the exclusive property of the Company and is also protected by the laws of Australia.
Transfer and Modification
N P Financials reserves the unqualified right to modify, transfer, or change the ownership of its Capital Auditions (also known as NPF-Trader Auditions) to any suitable third-party vendor at its sole discretion. Such modifications or transfers may occur without prior notice to the participant. However, the fundamental rules governing the Auditions shall remain consistent and unaltered. All existing contractual obligations shall continue to be honoured by the third-party vendor, as applicable.
Before deciding to participate in financial markets, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose.
There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price of the products you are trading.
Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on your funds. This may work against you as well as for you.
There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. The Company is not responsible for communication failures or delays when trading via the Internet. The Company employs backup systems and contingency plans to minimize the possibility of system failure.
Term and Termination
The term of this Agreement will begin when you purchase a Service offered via the Company and will continue until either the Company terminates your access to the Services or you stop using the Services.
The Company reserves the right to terminate the Services or your access to the Company website in its sole and absolute discretion and without prior notice.
Terms related to our Rules
Trading without a Stop-Loss is extremely risky and exposes you to unnecessary risk. Trading without a Stop-Loss is a soft breach, which means that our technology will close your position at prevailing market price if you trade without a stop.
Our maximum allowed daily loss limit is 4%. This is a HARD breach. When you hit this hard breach, then you fail the audition and your account will be terminated/ closed. You can put the stop at any distance whatsoever keeping in mind that our daily drawdown maximum limit is 4% and our trailing drawdown maximum limit is 5%. But you must put the stop as per our rule which you agree here before purchasing our audition.
It’s important that you add a Stop-Loss to all trades to avoid violating program terms, which could result in revocation of your trading account.
Our Maximum Trailing Drawdown is the maximum your account can drawdown before breaching your account. The initial level is set at 5% from the starting balance of your account. As your account balance increases, the trailing maximum drawdown follows you up until you achieve a profit target of 5% in your account. The hard breach occurs when Current Equity is less than Max Trailing Drawdown Equity Level which is calculated as High Water Mark (HWM) of Closed Trades – 5% of your starting balance.
Once you have achieved a 5% profit target in your account, we take off the trailing drawdown and allow our traders to draw back down to their initial starting balance before breaching the account.
The Max Trailing Drawdown is 5% of your starting balance . For example, if your account size is $100,000 then it will be $5,000. So, if you make profit and your HWM (High Water Mark) on Closed Trades is going up to $102,500 then your breach level will be = (HWM Closed Trades – $5,000)= $102,500 – $5,000= $96,500. Another example, if you have a $100,000 account, you can go down to $95,000 before being disqualified. Let’s say you are a profitable trader and make $4,000 in your account. Your High-Water Mark is now $104,000 (balance, so just closed trades). Your max drawdown limit will be $99,000. Next, you make an additional $1,000 in your account.
So, your new High-Water Mark is $105,000. Here is where it will lock in, so as your High-Water Mark rises (let’s say to $106,000, $107,000, etc.) your max drawdown limit will stay at $100,000.
Here is an example of a hard Breach:
Supposing you start with $25,000 account and then the High Water Mark (HWM) of your closed trades becomes $25,375.51. The Max Trailing Drawdown (which is 5%) of your starting balance of $25,000 is in your case = $1,250
The breach level will be = (HWM Closed Trades – $1,250)= $25,375.51 – $1,250 = $24,125.51
If your current equity, say $24,123.11, then since it is less than Max Trailing Drawdown Equity Level of $24,125.51, you met the hard Breach.
The Prop Company reserves the right to limit the number of open positions that Trader may enter or maintain in the Account. The Prop Company or the broker which The Prop Company designates reserve the right to refuse to accept any order. Our designated broker does not support TradingView software.
Terms related to Profit Withdrawal
NPF-Traders can request a withdrawal of profits at any time, but no more frequently than every thirty (30) days.
When a withdrawal is requested, NPF will also withdraw its share of the profits and your new highwater equity will be marked down by the total amount of funds withdrawn. Hence it is advisable not to withdraw the entire profit as the max trailing drawdown will lock in at your starting balance and you can not place a trade because of this, hence it is always better to keep some funds in the account to avoid your account being “trade disabled”.
For example, let’s say a trader with a funded $100,000 account posts a profit of $20,000. When they take their 70% profit or $14,000, NPF-Trader would also redeem 30% of profits in the amount of $6,000. Thus, the new account balance, after withdrawal, would be $100,000 and your max trailing drawdown will lock in at your starting balance. The trailing drawdown does not reset when you request a withdrawal.
In addition, upon withdrawal, the high-water mark for the maximum trailing drawdown is reset to the starting balance. The rationale behind this is that our program is designed to be mutually beneficial. By not locking in the maximum drawdown at the initial balance, it puts our firm at risk of losing money, while having paid out profits to a trader.
Example: You have taken an account from $100,000 to $110,000. You then request a withdrawal of $10,000. In this scenario we would pay you $7,000 and we would retain $3,000. This would also take the balance of the account back down to $100,000, and your max trailing drawdown will lock in at your starting balance.
Your account would then be able to have the 5% maximum drawdown again, meaning you could lose $5,000. In this scenario you would have been paid $7,000 in profits, while our firm lost $2,000. So, the rule of locking in the maximum trailing drawdown at the starting balance upon the initial withdrawal ensures a mutually beneficial, long-lasting partnership.
At times, due to technical issues, trading account may appear as “Invalid”. If it is purely due to technical fault, we shall restore the account. But if the client has not placed a trade in the last 30 days, it will be a HARD breach.
Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICE OR THE COMPANY WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICES OR $500, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless The Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, white label users, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
Your obligation to defend The Company will not provide you with the ability to control The Company’s defense, and The Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including any claim or controversy concerning interpretation of this Agreement or your use of this Services, will be settled by arbitration pursuant to the most recently effective commercial arbitration rules of the Australian Centre for International Commercial Arbitration (ACICA). This arbitration proceeding will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the ACICA. Judgement on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing party. This arbitration will be held in Victoria, Australia and both the Company and Trader agree that they will be required to be present in Victoria, Australia for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Victoria, Australia. The arbitrator will apply the laws of Victoria, Australia in deciding any controversy or claim pursuant to this Agreement.
The Company shall not be liable to Trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.
In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.
Effective September 07, 2020